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HTMLDetroit Bankruptcy Court Refuses Stay of Chapter 9 Eligibility Hearing Under Stern v. Marshall
Ingrid M. Bagby, Thomas J. Curtin, Mark C. Ellenberg, Howard R. Hawkins, Lary Stromfeld; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 2, 2013, previously published on September 30, 2013
On September 26, 2013, Judge Steven W. Rhodes of the U.S. Bankruptcy Court for the Eastern District of Michigan denied the Official Committee of Retirees’ (the “Committee”) motion to stay all eligibility proceedings pending its motion to withdraw the reference. In re City of...

 

Adobe PDFReproposed Credit Risk Retention Requirements for Asset-Backed Securities Transactions
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
September 18, 2013, previously published on September 13, 2013
The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) was signed into law by President Obama on July 21, 2010. On April 29, 2011, the Federal banking agencies (the Office of the Comptroller of Currency, the Federal Deposit Insurance Corporation and the...

 

Adobe PDFRisk Retention for Collateralized Loan Obligations (CLOs): Re-Proposal Fact Sheet
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
September 3, 2013, previously published on September 2, 2013
On August 28, 2013, the federal agencies (the “Applicable Regulators”) responsible for implementing regulations under Dodd-Frank re-proposed rules for risk retention requirements in ABS transactions, including CLO transactions. The re-proposal comes more than two years after the...

 

Adobe PDFRisk Retention for Commercial Mortgage-Backed Securities: Re-Proposal Fact Sheet
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
September 2, 2013, previously published on August 31, 2013
On August 28, 2013, the federal regulatory agencies responsible for implementing regulations under Dodd-Frank re-proposed rules for risk retention requirements in ABS transactions, including CMBS transactions. The re-proposal comes more than two years after the original proposed rules and, while...

 

Adobe PDFSun Capital Partners Decision Expands the Risk to Private Equity Funds of Incurring Portfolio Company Pension Liabilities
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
August 30, 2013, previously published on August 28, 2013
The First Circuit recently held that, in some cases, a private equity fund could be found to engage in a “trade or business,” and therefore be subject to joint and several liability for withdrawal liability assessed against the fund’s portfolio company by a multiemployer pension...

 

Adobe PDFEmployee Benefits after Windsor
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
August 28, 2013, previously published on August 26, 2013
On June 26, 2013, the United States Supreme Court declared Section 3 of the federal Defense of Marriage Act (“DOMA”) unconstitutional. Section 3 of DOMA, which defined “spouse” and “marriage” for all provisions of federal law, provided that a “spouse”...

 

Adobe PDFQuick Help Guide to CFTC’s New Rules for CPOs to RICs; Amended Rules for Other CPOs and CTAs
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
August 28, 2013, previously published on August 22, 2013
On August 22, 2013, the Commodity Futures Trading Commission (the “CFTC”) published in the Federal Register its final rule-making regarding harmonization of compliance obligations for investment advisers to SEC-registered investment companies (“RICs”) who are also required...

 

Adobe PDFFAA Policy Clarification on Non-Citizen Trusts
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
August 16, 2013, previously published on August 12, 2013
On June 18, 2013, the Federal Aviation Authority (“FAA”) published a Notice of Policy Clarification (“Notice”) that aims to resolve what the FAA considered uncertainties about the regulatory responsibilities of trustees of United States registered aircraft beneficially owned...

 

Adobe PDFSEC Adopts Significant Amendments to Private Placement Rules: JOBS Act Rules Eliminate Ban on General Solicitation and Dodd-Frank Mandate Disqualifies Bad Actors
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
August 16, 2013, previously published on August 13, 2013
On July 10, 2013, the U.S. Securities and Exchange Commission (“SEC”) adopted rule changes that will permit “general solicitation and general advertising” (“GSGA”) in “private” securities offerings effected under either Rule 506 of Regulation D under...

 

Adobe PDFESMA Consults on the Extra-Territorial Application of EMIR
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
August 16, 2013, previously published on August 12, 2013
On 17 July 2013, the European Securities and Markets Authority (“ESMA”) published a consultation paper (the “Consultation Paper”) on draft regulatory technical standards (“RTS”) aimed at implementing certain provisions of the European Markets Infrastructure...

 


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